Wood v. Jones, No. 1:2019cv00007 - Document 23 (E.D. Va. 2019)
Court Description: MEMORANDUM OPINION AND ORDER granting defendant Officer Jones 15 MOTION for Summary Judgment; dismissing Officer Jones from this civil action; denying as moot 3 MOTION for Leave to Proceed in forma pauperis; dismissing this civil action; directing the Clerk to sent final judgment in favor or the defendant. Signed by District Judge Anthony J Trenga on 12/30/2019. (c/m 12/30/2019 spar)
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Wood v. Jones Doc. 23 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Alexandria Division Jay Quentin Wood,Jr., Plaintiff, I:19cv7(AJT/JFA) V. Officer Jones, Defendant. MEMORANDUM OPINION & ORDER Jay Wood, Jr. has brought a civil-rights action against Officer Jones, a correctional officer at Caroline Correctional Unit, alleging that the officer unconstitutionally applied excessive force. 42 U.S.C. § 1983.[Dkt. No. 1]. Jones has moved for summary judgment and has provided Wood, a pro sq litigant, with the notice required by Local Rule 7(K)and Roseboro v. Garrison. 528 F.2d 309(4th Cir. 1975).[Dkt. Nos. 15,18]. Wood opposes that motion.[Dkt. Nos. 19-20]. Because the undisputed evidence demonstrates that Wood failed to exhaust his administrative remedies, the Court will grant Jones's motion. I. Background Wood avers that Officer Jones, without provocation, physically assaulted him in the chow hall at Caroline Correctional Unit during breakfast on October 20, 2018.[Wood Aff. 1,4; Islam Aff. Enclosure B]. Wood filed an informal complaint later that day, explaining that Jones "grabbed and twisted" his arm when he was in line. [Islam Aff. Enclosure B]. Sergeant Maldonado reviewed the informal complaint and determined that it was unfounded.'[Islam Aff. '"Unfounded," as the term is used to describe a grievance disposition, means that "an investigation determines that the offender's claim is untrue or that an alleged incident did not occur." Virginia Department of Corrections(VDOC)Operating Procedure(OP) § 866.I(IV)(G)(2)(c). Dockets.Justia.com
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